Jacob Kopnick

The following lawsuits were recently filed at the Court of International Trade:

The European Commission will begin registering all imports of goods under antidumping or countervailing duty investigations, allowing for retroactive collection of AD/CVD if certain conditions are met, it announced Sept. 24. Prior to the move, imports were typically registered only after a "justified" request from the EU industry.

The World Trade Organization Dispute Settlement Body on Sept. 23 agreed to establish a dispute panel in China's challenge of certain U.S. tax credits for electric vehicles under the Inflation Reduction Act. Ahead of the Sept. 23 meeting of the DSB, China submitted a second request for a dispute settlement panel to assess whether the tax credits violate WTO rules.

The European Commission on Sept. 23 filed a consultation request at the World Trade Organization on China's decision to open a countervailing duty investigation on certain dairy products from the EU, the commission announced. The challenge marks the first time the EU has contested a decision to initiate an investigation, the EU said.

The U.S. on Sept. 20 defended its decision on remand to not apply partial adverse facts available against exporter Garg Tube, claiming that the exporter was "fully cooperative," having made multiple attempts to get cost information from an unaffiliated supplier. The government said Commerce couldn't find enough evidence to show that the potential leverage Garg Tube could exert over the supplier supports the use of AFA (Garg Tube Export v. U.S., CIT # 21-00169).

The U.S. agreed to refund Section 232 duties that exporter ArcelorMittal Long Products Canada paid on its steel bars and rod imports, the parties said in a Sept. 20 stipulated judgment submitted to the Court of International Trade. The parties said the 47 entries at issue across seven cases brought by the company qualify for exclusion to the duties granted by the Commerce Department's Bureau of Industry and Security (ArcelorMittal Long Products Canada v. United States, CIT # 21-00038).

The U.S. on Sept. 23 told the Court of International Trade an exporter "confuses statutory schemes" when it claims that past negative antidumping and countervailing duty determinations shield against anti-circumvention findings on the same goods from the same countries. Defending the Commerce Department's circumvention findings of the AD/CVD orders on circular welded carbon quality steel pipes and tubes from China, India and South Korea, the government said exporter SeAH Steel Vina Corp. conflated the criteria for AD/CVD investigations with those for circumvention inquiries (SeAH Steel Vina Corp. v. United States, CIT Consol # 23-00256).

Bilateral talks between the African Group and the Cairns Group, a coalition of 19 nations that export agricultural goods, on farm talks have moved towards the presentation of joint proposals "in the near future," the World Trade Organization announced. Reporting on the first agriculture negotiation meeting since the WTO summer break, on Sept. 18, the WTO said bilateral meetings between the groups have been "conducted on a weekly basis" since the body returned after the summer.

The following lawsuits were recently filed at the Court of International Trade:

The U.S. Court of Appeals for the Federal Circuit on Sept. 18 issued its mandate in a countervailing duty case after rejecting a motion for rehearing from the governments of Canada and Quebec and exporter Marmen Energie Inc. The parties asked the court to revisit its decision sustaining the countervailability of a Canadian tax program in the CVD investigation on utility scale wind towers from Canada (see 2409120009). The tax program relates to the additional depreciation for certain Class 1 assets. The appellate court said deductions given to Marmen in addition to the standard 4% depreciation rate amount to forgone revenue for the Canadian government (see 2406210031) (Government of Quebec v. U.S., Fed. Cir. # 22-1807).